SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT


RULE 26.3. TRANSFER OF BANKED EMISSION REDUCTIONS

(Effective 2/16/83)

(a) Banked emission reductions may be transferred in whole or in part by any means of conveyance permitted by the laws of this state. However, no transfer shall be effective until a copy of the written conveyance or written memorandum describing the transaction and signed by the transferor is filed with the District. Upon such filing the Air Pollution Control Officer shall record such transfer in the banking registry.

(b) Any person considering the transfer of a Class B ERC may apply to the Air Pollution Control Officer for an advisory opinion as to whether the Class B ERC may be eligible for reclassification to Class A status. The Air Pollution Control Officer shall not be precluded from departing from the advisory opinion at the time the person applies to reclassify the ERC to Class A status if additional material facts are discovered or the original material facts supplied by the applicant were incorrect or incomplete.